Sec. 1. 13-C MRSA §106 is enacted to read:

§106.__Safeguard public interest; damages

1.__Sue for damages.__A person may sue a corporation or a director of a corporation for damages suffered if in the operation of the corporation the corporation adversely affects the public interest.__As used in this section, "public interest" means the environment, human rights, public health and safety of the community in which the corporation operates and the dignity of the corporation's employees.

Suit may be brought at law or in equity in a court of competent jurisdiction against the corporation or a director of the corporation at the time the damage occurred or at the time the board of directors of the corporation approved the action that caused the damage.

2.__Exemption.__Notwithstanding any other provision of this chapter, a director of a corporation is not liable for damages pursuant to subsection 1 if the director can prove that:

A.__The damage complained of was the direct result of an action that was approved by the corporation's board of directors but that the director had voted against; or

B.__The damage complained of was the direct result of an action approved by the corporation prior to the director's becoming a member of the board.

This subsection does not apply to a corporation or a director of a corporation if the consolidated annual revenues of that corporation are less than $15,000,000.

3.__Damages; amount; punitive.__ The court may award damages against the corporation or director of the corporation for a violation of the public interest if the plaintiff has established clear and convincing evidence that the corporation or director knowingly, intentionally or recklessly caused damage to the public interest or injury to the plaintiff.

A plaintiff in a court of law who successfully sues a corporation or director of a corporation pursuant to subsection 1 may recover damages in one of the following amounts, whichever is greater:

A.__The actual damage caused to the plaintiff; or